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Terms and Conditions of Services

1. SCOPE OF TERMS & CONDITIONS

These Terms and Conditions of Service (“Terms & Conditions”) sets forth the agreement between Cutback, Inc. or its affiliates (collectively, “Cutback Coach”, “we,” “us,” or “our”) and users (“you” or “your”) and governs (i) your use of and/or access to the cutbackcoach.com website and/or other websites (collectively, “Website”) which are owned or operated by us, including any portions thereof available only to subscribers, (ii) your use of and/or access to the mobile phone applications which we may operate currently or in the future (collectively, the “Mobile App”), and (iii) the purchase, access or use of our services, and your use of and or access to any content or information and other online or mobile-enabled technology, digital tools and other services and products provided by us, including your interaction with us via email or text messages in connection therewith (together with the Website and the Mobile App, collectively, the “Services”). For purposes of these Terms & Conditions, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Cutback Coach. 

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy,which is incorporated into these Terms & Conditions by this reference.

BY CLICKING “CONTINUE”, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, PURCHASING SERVICES, COMPLETING THE REGISTRATION PROCESS, OR OTHERWISE USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ UNDERSTAND THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, BROWSE OR USE THE SERVICES.

WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE, AS FURTHER DESCRIBED IN SECTION 8. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT THE HEALTH OR SAFETY OF YOU OR OTHERS, YOU SHOULD CONTACT YOUR DOCTOR OR OTHER HEALTH-CARE PROFESSIONAL. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE OR THE SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY THE CUTBACK COACH PARTIES (AS DEFINED BELOW) IS SOLELY AT YOUR OWN RISK. IF YOU THINK YOU HAVE A MEDICAL OR SAFETY EMERGENCY, CALL 911. 

2. AGREEMENT AND ACKNOWLEDGEMENT

a. User Agreement. By using the Services, you accept these Terms & Conditions and agree to be legally bound and to abide by the terms, conditions, and notices contained or referenced herein, just as if you had signed them.

b. Changes to Terms & Conditions. From time to time, we may, in our sole discretion, change, modify, supplement or remove portions of these Terms & Conditions (“Additional Terms”). Such Additional Terms shall become effective upon posting by Cutback Coach on the Website, via the Service or sending you an email or other notification. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. You will be deemed to have agreed to such Additional Terms by your decision to continue accessing the Website or otherwise using any of the Services following the date in which such Additional Terms become effective. PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

c. Modification of Services. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services provided to you, including, but not limited to, (i) restricting the time the Services are available, (ii) restricting the amount of use permitted, (iii) restricting or terminating any user’s right to use the Services, and (iv) changing any feature or functionality provided by the Services. You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Services.

d. Certain Restrictions. The rights granted to you in these Terms & Conditions are subject to the following restrictions:  (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services, including the Website;  (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Cutback Coach intellectual property (including images, text, page layout or form) of Cutback Coach;  (c) you shall not use any metatags or other “hidden text” using Cutback Coach’s name or trademarks;  (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;  (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);  (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services shall be subject to these Terms & Conditions. Cutback Coach, its suppliers and service providers reserve all rights not granted in these Terms & Conditions. Any unauthorized use of the Services terminates the licenses granted by Cutback Coach pursuant to these Terms & Conditions.

e. Company Communications. By entering into these Terms & Conditions or using the Services, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your account or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Cutback Coach and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” TO THE NUMBER FROM WHICH YOU’VE BEEN RECEIVING MESSAGES FROM CUTBACK COACH FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU’VE BEEN RECEIVING MESSAGES FROM CUTBACK COACH FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE COMPANY PROPERTIES OR RELATED SERVICES.

3. ELIGIBILITY

We do not permit individuals under 21 years of age to become registered users of our Services. By using the Services, you represent and warrant that you are at least 21 years of age and have the right, authority and capacity to enter into these Terms & Conditions and to abide by the terms and conditions of these Terms & Conditions. According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. We do not recommend that individuals who are pregnant or breastfeeding use our Services, but instead consult directly with their physicians.

The Services are not intended for individuals that have been diagnosed with or currently undergoing treatment for Alcohol Use Disorder (AUD) or any other diagnosis regarding alcohol.

It is your responsibility to comply with all legal and safety requirements in connection with your use of alcohol, including taking care to refrain from the operation of motor vehicles and machinery. We are not lawyers nor do we purport to give legal advice, so please consult a lawyer if you have any questions regarding your obligations and responsibilities in connection with your consumption of alcohol.

4. SUBSCRIPTIONS; NECESSARY EQUIPMENT

a. The Services. To enjoy full access to our Services, you will be required to complete a registration form and enter into a subscription agreement for access to our Services and Content. You must provide complete and accurate registration information to Cutback Coach, complete the subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your subscription.

b. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services. You are responsible for all charges and fees associated with connecting to and using the Services, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Services.

5. FEES, RENEWAL, CANCELLATIONS & REFUND POLICIES

We offer our products and services on an automatic or subscription basis. You agree such subscription will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your subscription will automatically renew, and unless and until you cancel, you authorize us to charge your payment card for the products/services you continue to purchase. If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. 

Your automatic subscription will continue until you or Cutback Coach cancels your order. You may modify or cancel your subscription at any time by texting the number from which you’ve been receiving messages or emailing support@sunnyside.co. Any modifications or cancellation of your subscription must be received by us at least 1 day prior to the next scheduled payment/ship date in order to take effect for that period. If you cancel less than 1 days prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period. 

Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to subscribe to the Services. You agree to maintain a valid payment method during the term of your use of such Services. 

6. USER ACCOUNT AND SECURITY

As a registered user of the Services, you are entirely responsible for maintaining the confidentiality of your user account information. You may not use the account or user name of any other member at any time. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s user account information.

You are also entirely responsible for any and all activities which occur under your user account. We will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge. You may also be held liable for any losses incurred by Cutback Coach, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account.

As a subscriber to our Services, you further agree as follows:

a. Subscription Data. For purposes of your use of the Services including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process (“Subscription Data”). Please refer to our Privacy Policy for more detailed information on the types of information we collect. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Services (or any portion thereof). You are obligated to check whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data.

b.One Account Per User. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website or the Services. If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Services using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms & Conditions or by law.

7. LIMITED LICENSE

Subject to your continued compliance with the Terms & Conditions, including without limitation the timely payment of all applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to access and use our Services (whether through the Website or by downloading and installing the Mobile App, including any updates and bug fixes). Your use is limited for your personal, noncommercial use only.

The Services, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Cutback Coach. Furthermore, except for the limited rights granted in this Section, you will not (and will not encourage or assist any third party to): (i) modify, alter, tamper with, repair or otherwise create derivative works of the Services or any software or technology included in or used or distributed by Cutback Coach to provide the Services; or (ii) reverse engineer, disassemble or decompile the Services, or attempt to discover or recreate the source code for the Services.

8. HEALTH AND MEDICAL SERVICE DISCLAIMER

WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY CUTBACK COACH DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE, OPINION, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE OR SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY CUTBACK COACH, CUTBACK COACH EMPLOYEES, OTHERS APPEARING ON THE WEBSITE OR SERVICES AT THE INVITATION OF CUTBACK COACH, OR OTHER VISITORS OR USERS OF THE SERVICES (THE “CUTBACK COACH PARTIES”) IS SOLELY AT YOUR OWN RISK. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911. 

a. No Doctor-Patient Relationship. Any and all services provided by, in and/or through the Services are for informational purposes only. Cutback Coach is not a medical professional, and Cutback Coach does not provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. While we may establish drink ‘targets’, ‘limits’, ‘recommendations’ or ‘guidelines’, they are based solely on the targets and data that you input into the Services and may not be adequate for you. We do not recommend our members drink, and such ‘targets’, ‘limits’, ‘recommendations’ or ‘guidelines’ are not based on and do not constitute medical advice. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE CUTBACK COACH PARTIES. 

You are urged and advised to seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any alcohol cutback plan, or any other plans that may be referenced, discussed or offered under the Services. The Services are not intended for individuals currently undergoing treatment for Alcohol Use Disorder (AUD) or any other diagnosis regarding alcohol. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention. You further agree that, before using the services, you shall consult your physician, particularly if you are at risk for problems resulting from changes in your alcohol intake. If any information you receive or obtain from using the Services is inconsistent with the medical advice from your physician, you should follow the advice of your physician. 

b. Virtual Coaching Service Disclaimer. You may be able to interact with a Cutback Coach employee, independent contractor, or other member (a “Coach”) via text as part of our Services (the “Virtual Coaching Service”). A Coach will encourage users to achieve their health related goals but does not offer any medical advice nor is a medical provider. Cutback Coach may, in its sole discretion, engage or replace any Coach with another without notice.

The services provided by our Virtual Coaching Service are not medical, mental health, or any other type of health service. Virtual Coaching Service is not psychotherapy or mental health counseling. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. The Virtual Coaching Service cannot substitute for, and is not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or illnesses from physicians practicing medicine, psychotherapists, psychologists and other licensed healthcare and mental health professionals.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH COACHESWHEN USING THE SERVICES.

9. DISCLAIMERS OF WARRANTIES

THE SERVICES, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS PROVIDED IN THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CUTBACK COACH, ON BEHALF OF ITSELF, AND ITS AFFILIATES AND ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS (THE “CUTBACK COACH PARTIES”), DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. THE CUTBACK COACH PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.

THE CUTBACK COACH PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CUTBACK COACH, ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY:

A. INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES);

B. DAMAGES ARISING OUT OF, OR RESULTING FROM:

(a) THE USE OR THE INABILITY TO USE THE SERVICES; 

(b) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEBSITE, OUR APPLICATIONS OR APPLICATIONS LINKED TO OUR APPLICATIONS;

(c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; OR 

(d) ANY OTHER MATTER RELATING TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

THE MAXIMUM LIABILITY OF THE CUTBACK COACH PARTIES TO YOU UNDER ALL CIRCUMSTANCES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (a) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (b) $100. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CUTBACK COACH AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES, OR THESE TERMS & CONDITIONS MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN THESE TERMS & CONDITIONS.

11. INDEMNIFICATION

Without limiting any indemnification provisions of these Terms & Conditions, you agree to indemnify, hold harmless and, at our option, defend Cutback Coach and our affiliates, and our and their respective officers, directors, members, employees, stockholders, managers, agents and representatives (collectively, “Cutback Coach Indemnified Parties”) from any and all third party claims, actions, demands, causes of action, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) (collectively, “Claims”) arising from (i) your conduct, acts or omissions, (ii) your improper use of the Services or our products or offerings, (iii) your violation of these Terms & Conditions, (iv) your provision to Cutback Coach or any of the Cutback Coach Indemnified Parties of User Content or other data, (v) your infringement or alleged infringement, or the infringement or use (or alleged infringement or alleged use) by any other user of your account, of any intellectual property or other right of any person or entity, or (vi) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.

The Cutback Coach Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Cutback Coach Indemnified Parties, in which event you will fully cooperate with Cutback Coach in asserting any available defenses. You may not settle any Claim without the prior written consent of the concerned Cutback Coach Indemnified Parties.

This provision does not require you to indemnify any of the Cutback Coach Indemnified Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder.

12. THIRD-PARTY PRODUCTS, SERVICES AND DATA COLLECTION

Certain features, aspects, software products and services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”). In order to use Third-Party Services, you may be required to enter into additional terms and conditions with Third-Party Service Providers. Our Terms & Conditions apply only to the Services, and not to the apps, websites or services of any other person or entity, and your right to use such Third-Party Services as part of the Services is subject to and governed by the terms and conditions of the third party license applicable to such Third-Party Services. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products or other materials on or available from such apps or resources. In the event of a conflict between the terms of these Terms & Conditions and the terms of such third party licenses, the terms of the third party licenses shall control with regard to your use of the relevant Third-Party Service.

You further acknowledge and agree that a Third-Party Service Provider may collect and use certain information about you. Any exchange of data or other interaction between you and a provider of a Third-Party Services is solely between you and the Third-Party Service Provider. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. If you do not understand or do not agree to the terms of a Third-Party Service Provider’s privacy policy, you should not use the related third-party services.

CUTBACK COACH DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM (I) YOUR USE OF OR RELIANCE ON, ANY CONTENT, ADVERTISEMENTS, PRODUCTS OR OTHER RESOURCES AVAILABLE ON ANY SUCH SERVICES OR RESOURCES (REGARDLESS OF WHETHER WE DIRECTLY OR INDIRECTLY LINK TO SUCH CONTENT, ADVERTISEMENTS, PRODUCTS OR OTHER RESOURCES) OR (II) YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.

13. INTELLECTUAL PROPERTY

a. Software. You acknowledge and agree that the Services and all intellectual property rights associated therewith (including all rights in the Content) are, and shall remain, the property of Cutback Coach (and, where applicable, its licensors). Furthermore, you acknowledge and agree that the source and object code of the Website and/or Mobile App and the format, directories, queries, algorithms, structure and organization of the Website and/or Mobile App are the intellectual property and proprietary and confidential information of Cutback Coach and its affiliates, licensors and suppliers. Except as expressly stated in these Terms & Conditions, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in these Terms & Conditions are hereby reserved and retained by Cutback Coach. “Content” means any information, software, photos, video, text, graphics, reports, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials made available through the Services. 

b. Trademarks. Cutback Coach, cutbackcoach.com, Cutback Health and the Cutback Coach logo (collectively, the “Cutback Coach Marks”) are trademarks or registered trademarks of Cutback Coach, Inc. Other trademarks, service marks, graphics, logos and domain names appearing on the Website, Mobile App or in other Content provided to you may be the trademarks of third-parties. Neither your use of the Services, nor these Terms & Conditions, grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the Cutback Coach Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Cutback Coach Marks generated as a result of your use of the Services will inure to the benefit of Cutback Coach, Inc., and you agree to assign, and hereby do assign, all such goodwill to Cutback Coach, Inc. You shall not at any time, nor shall you assist others to, challenge Cutback Coach’s right, title, or interest in or to, or the validity of, the Cutback Coach Marks.

c. Copyrighted Materials; Copyright Notice. All content and other materials available through the Services, including without limitation the Cutback Coach logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Cutback Coach or are the property of Cutback Coach’s licensors and suppliers. Except as explicitly provided, neither your use of the Services nor these Terms & Conditions grant you any right, title or interest in or to any such content or materials.

d. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Cutback Coach through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Cutback Coach has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Cutback Coach a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Cutback Coach’s business.

14. GOVERNING LAW AND VENUE

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Services or these Terms & Conditions shall be filed only in the state or federal courts located in San Francisco County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

15. TERM AND TERMINATION

a. Termination. These Terms & Conditions will remain in full force and effect while you use our Services (including our Website and Mobile Apps). We may terminate your use of, or access to, the Service at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms & Conditions. If you want to terminate the Services you may do so by notifying Cutback Coach at any time. Your notice should be sent, in writing, to Cutback Coach’s address set forth below. THE SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 5. 

b. Effect of Termination; Survival. Termination of these Terms & Conditions automatically terminates all rights and licenses granted to you under these Terms & Conditions, including all rights to use the Services. You understand that any termination of Services may involve deletion of your data associated therewith from our live databases. We will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data. All terms that by their nature should survive termination shall be deemed to survive such termination (including, without limitation, intellectual property, warranty disclaimers, limitations of liability, and governing law and venue). Subsequent to termination, Cutback Coach reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Services, including without limitation technological barriers such as IP blocking and direct contact with your Internet service provider.

c. Legal Action. If we, in our sole discretion, take legal action against you in connection with any actual or suspected breach of these Terms & Conditions, we will be entitled to recover from you as part of such legal action, and you agree to pay, our reasonable costs and attorneys’ fees incurred as a result of such legal action. The Cutback Coach Parties will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of these Terms & Conditions.

16. MISCELLANEOUS TERMS

a. General. If any provision of these terms shall be found by a court of competent jurisdiction to be unlawful, invalid, void or voidable, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

b. Legal Communications. We may send the following to you by email or posting them on the Website and/or the Mobile App: these Terms & Conditions, including legal disclosures; future changes to these Terms & Conditions, Privacy Policy, and other notices, legal communications or disclosures and information related to the Services. Such communications are part of the Services which you cannot opt out of receiving. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

c. Contact Information:

Email: support@sunnyside.co

Last Updated: 2/13/2021

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